White House Initiates Search Process for Blackmun Successor

By Joan Biskupic The Washington PostWASHINGTON

If President Clinton chooses Senate Majority Leader George J. Mitchell,
D-Maine, for the Supreme Court, he'll get an experienced vote-dealer, a
true liberal and an example of the old-fashioned Democratic way of picking
justices.

If Clinton selects U.S. District Judge Jose Cabranes, who has more than
10 times the judicial experience of Mitchell, he'll get nearly the
opposite. Cabranes is a 15-year trial judge in Connecticut whose judicial
record is moderate enough that the Bush administration briefly considered
him for the high court in 1990.

While Cabranes would be the first Hispanic justice, his selection also
would follow the recent Republican pattern of elevating lower court judges
to the Supreme Court. Democratic presidents in this century were more apt
to turn to the world of politics. That may tempt Clinton, whose first
choice for a high court replacement last year was New York Gov. Mario M.
Cuomo.

Mitchell and Cabranes emerged Thursday as top names on a list of
potential successors to Justice Harry A. Blackmun, who announced Wednesday
that he will retire at the end of this term. But - as happened last year
when front-runners became also-rans - anything goes in the selection
process.

Clinton plans to have his first full discussion of the vacancy on
Saturday, after he returns to Washington from a two-day midwestern trip to
promote health care reform. Some senior officials sought to counter the
impression yesterday that the White House had settled on Mitchell. They
said some of the president's advisers believe a candidate from outside the
Beltway would better fulfill Clinton's pledge to diversity the court and
change the way Washington does business.

Numerous people are being considered, including Solicitor General Drew
S. Days III, who would be the third black justice; Federal Appeals Court
Judge Richard S. Arnold, a longtime Clinton friend from Little Rock; and
Federal Appeals Court Judge Stephen G. Breyer of Boston, who was passed
over at the last minute for Ruth Bader Ginsburg.

Clinton said he was searching for "someone of genuine stature and a
largeness of spirit" to replace Blackmun. As shown by his interest in
Mitchell and Cuomo last year, he appears attracted to the possibility of
nominating someone from public life.

Mitchell, 60, would bring a different background and style to the court,
as well as a jolt of liberalism. He is against the death penalty, for
abortion rights and against prayer in public school.

"Mitchell presents a really attractive combination of past government
experience," said Stanford University law professor Kathleen Sullivan,
noting that he had been a U.S. attorney (1977-79), a federal judge (for
eight months) and, since 1980, a U.S. senator. Mitchel was elected
Democratic majority leader five years ago.